TERMS AND CONDITIONS
DEFINED TERMS – In this agreement, H.Y.P.E. Athletics refers to the club located at the address above. “I” and “member” refer to the person(s) whose name(s),
signature(s) and initials appear on this document. “The primary member” refers to the member on page 1 of this agreement whose financial information is billed. The
primary may approve of this agreement on behalf of spouse and children. However, if the adults on this membership are not married to each other, they each must sign
below.
ONE YEAR AGREEMENT – All new memberships are for an initial period of 12 consecutive months and cannot be cancelled or refunded. After the initial 12 months,
the membership will automatically continue to be billed monthly at the applicable rate until terminated by myself with a 30 day written notice. This agreement is a
legally binding obligation for which I am financially responsible. I agree if I fail to pay when a payment is due then I must immediately pay the entire past monthly dues
owed.
PREPAID MEMBERSHIP – If I am a H.Y.P.E. Athletics member for a time period in excess of the period of my prepaid membership, I will then become a month-to-month
member and my payment method of choice for my prepaid membership will become my month-to-month payment for every month thereafter. I understand that
there is no refund for a prepaid membership once the right to cancel period has passed.
MEMBER’S RIGHT TO CANCEL – If I wish to cancel this agreement, I may cancel by delivering or mailing a written notice to the club. The notice must say that I do
not wish to be bound by the agreement and must be delivered before close of business of the third business day after I sign this agreement. The notice must be delivered
or mailed to the address indicated above. If I cancel, the club will return, within ten days of the date on which I give notice of cancellation, any payments I have made.
All refunds will be by credit or by check- there are NO CASH REFUNDS.
CANCELLATION AND REFUND – After the initial right to cancel period noted above or after the 12 month agreement has passed, I may cancel the membership with
a 30 day written notice delivered to the address above. If I cancel during the contract period, I must pay 50% of the remaining dues. If collection or legal services are
needed to collect the unpaid amount, I am responsible for all costs of collection, including attorneys’ fees of H.Y.P.E. Athletics; memberships are NOT transferable or
assignable to another individual.
MEMBERSHIP FREEZE – I have the right to freeze my membership for up to 3 months annually, during which time I will not be charged standard dues. I understand
that each frozen month will be added onto the end of my current agreement. I will incur a $5 processing charge for each frozen month. If my membership is a prepaid
agreement, it will be extended for one month for each month frozen. During the “freeze” period, club access will NOT be granted.
LIMITED USE – I understand that if my physical condition or physical limitations, now or in the future, limit my use of the facility, I must continue to pay full dues for
my membership unless I cancel or freeze my membership as stated above.
COMPLIANCE WITH RULES AND CONDUCT OF MEMBER – I agree to be subject to the control and guidance of the club staff while on the premises and will
follow instructions of club personnel. I agree to conduct myself in a quiet, well mannered fashion while on premises and save all criticism of any kind about other club
members, guests or club personnel until in a private office with the club manager. I agree to obey all rules and conditions of membership contained in this contract or in
the future prescribed by the club and the club reserves the right to revoke or terminate the membership if I fail to keep and obey any of such rules and conditions.
TERMINATION FOR CAUSE BY H.Y.P.E. ATHLETICS – H.Y.P.E. Athletics may, at its option, terminate my membership if (1) I fail to make payments or any
payments or dues are late, (2) the monthly EFT payments or dues are interrupted or discontinued for any reason and I or my cosigner do not provide an acceptable
alternative, (3) I fail to follow any membership policies or club rules or violate any part of this agreement, (4) my conduct is improper and harmful to the best interest of
the facility or its members or (5) I fail to provide doctor’s approval for exercising if so requested. Termination is effective on the date a written notice is sent to my last
known address. I am liable for all financial obligations until that date.
TERMINATION WITHOUT CAUSE BY H.Y.P.E. ATHLETICS – H.Y.P.E. Athletics also reserve a right to terminate my membership for any reason not stated above
if not prohibited by law. If my membership is terminated, I will receive a termination notice and a refund of any unused prepaid dues.
DEATH/DISABILITY CLAUSE – If I die or become totally or permanently disabled, upon reasonable written notice to H.Y.P.E. Athletics of the death or disability,
either I or my estate may cancel this agreement and receive a pro-rated refund for my unused membership fee.
PHYSICAL AND NO MEDICAL ADVICE – I represent that I am in good physical condition and have no medical reason or medical impairment that might prevent me
from my intended use of this facility. I acknowledge that I have been informed that the club offers a consultation which includes a brief interview regarding my medical
history. However, I understand and acknowledge that H.Y.P.E. Athletics will not and cannot provide me with any medical advice. If I have any health or medical
concerns now or after I join the club, I will discuss them with my doctor before using the facility.
EQUIPMENT/SERVICES – All H.Y.P.E. Athletics equipment and services are subject to deletion or change at the discretion of the facility.
DAMAGED, LOST OR STOLEN PROPERTY – I understand that H.Y.P.E. Athletics is not responsible for any of my personal property that is damaged, lost or stolen
while in or around the club location.
GUESTS – I may bring a guest during staffed hours and only after arranging for a pass with the club staff. I will be immediately charged a $20.00 per-visit fee for any
unauthorized guests I allow into the club, and I agree to pay this fee. Guests must sign the guest waiver before using the facility. Each guest is restricted to one (1) visit,
regardless of hosting member. I understand that the club reserves the right to charge a fee to guests who are not local residents or visit repeatedly without joining. I will
not allow any non-member to use my membership access card, and I understand that if I do, the card may be deactivated and a fee will be charged to activate the card or
the membership may be terminated.
ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS – I assume all risks of injury and waive all rights to pursue money damages or any other relief of
any kind as a result of anything occurring at or near the club location. In the event I am injured while on the facilities property or a H.Y.P.E. Athletics sponsored event I
will hold harmless H.Y.P.E. Athletics and all of their owners, employees, agents, successors, and assigns from all claims of any sort for damages or for other relief,
including but not limited to claims for contribution. I acknowledge there is a possible danger connected with any physical activity (including the dangers of physical
activity or death) and knowingly and voluntarily waive my right to make a legal or equitable claim of any sort against the club owner or H.Y.P.E. Athletics and all of
their owners, employees, agents, successors, and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contributions.
This assumption of risk and waiver of reliability applies to my family members, successors, heirs, and assigns.
FAMILY OR JOINT MEMBERSHIP INDEMNIFICATION – If “family or joint” is the membership plan checked on the first page of this agreement, I agree that each
member of my family covered under said agreement also agrees to assume the risk of injury as stated above and I indemnify and hold harmless H.Y.P.E. Athletics and
their respective owners, employees, agents, successors, and assigns from any claims for injury and damages brought by my family members. Moreover, I am aware that
only family members listed in this agreement may use the club. A family member must be 13 years old to use the club alone. Family members ages 12 and under can use
the club under the supervision of an adult member 18 years or older.
ACKNOWLEDGEMENT OF MEMBER LIABILITY – I am liable for all damage, I, my family members or guests cause to the equipment or physical infrastructure of
the club and will reimburse the club via the payment method used to pay the monthly dues. If use of this payment method is not feasible, other payment arrangements